Legacy Properties Of Tacoma Llc, V. Paul Reid

Court of Appeals of Washington·Decided June 23, 2026·No. 60760-3·Unpublished

Opinion

Filed

Washington State

Court of Appeals

Division Two

June 23, 2026

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II

LEGACY PROPERTIES OF TACOMA, LLC, No. 60760-3-II

Respondent,

v.

REID, PAUL, UNPUBLISHED OPINION Appellant,

and

REID, NATHAN, and any other persons residing within the premises,

Defendants below.

CRUSER, J.—Paul Reid appeals the trial court’s judgment concluding that he is liable for unlawful detainer. Reid argues that the trial court violated his due process rights by relying on unlawful trespass in its nuisance finding because that theory was not articulated in the notice. Relatedly, Reid argues that he did not have adequate notice of unlawful trespass and that he did not commit unlawful trespass.

Based on the trial court’s unchallenged findings of fact, we conclude that Reid substantially and unreasonably interfered with the landlord, Legacy Properties of Tacoma, LLC’s, use and enjoyment of the premises. Therefore, we affirm the trial court’s conclusion that Reid is liable for unlawful detainer and affirm the trial court’s judgment.

FACTS

A. Background On multiple occasions during his tenancy at an apartment complex managed by Legacy Properties of Tacoma, LLC (Legacy), Paul Reid was aggressive and intimidating towards Legacy staff. Reid recorded audio of his conversations in June 2023 and February 2024 using his accessibility device. In the recordings, Legacy’s staff’s voices crack or elevate very quickly. The recorded conversations are “fairly emotionally charged.” Verbatim Rep. of Proc. (VRP) at 9.1 In June 2023, Reid received a text message from Legacy, informing him that it received a complaint about Reid’s cat roaming the hallway. Around the same time, another building resident left their laundry in one of the building’s five dryers for an extended period of time. Reid complained about this to Legacy. Reid was frustrated because Legacy promptly responded to his cat in the hallway, but he felt they did not respond timely to the dryer issue. On or around June 14, 2023, Reid went to the property management office to request information regarding the cat complaint. Reid recorded his conversation with the property manager and the assistant property manager.

While requesting a copy of his lease, Reid stated that his sons will turn the lease over to his trust and the trust lawyer to review. Reid claimed that his lawyer will say Legacy was imposing

1 The record does not include the audio recordings of the conversations. And, even if the record did include the audio recordings, this court cannot reweigh the evidence. Dave Johnson Ins., Inc. v. Wright, 167 Wn. App. 758, 778, 275 P.3d 339 (2012) (“we do not reweigh the evidence and substitute our judgment even though we might have resolved the factual dispute differently”). Furthermore, Reid does not challenge the trial court’s findings of fact characterizing the tone of the audio recordings, making them verities on appeal. State v. Eriksen, 172 Wn.2d 506, 507-08 n.1, 259 P.3d 1079 (2011) (“We accept unchallenged findings of fact as verities on appeal.”). Accordingly, we incorporate the trial court’s characterization of the conversations into this background section.

rules on him but not anyone else, and “then we’re going to end up in court.” Clerk’s Papers (CP) at 54. Reid reminded the employees that he was recording the conversation and threatened litigation throughout the conversation. Reid admitted that he was agitated during the conversation. Reid repeatedly cut off the property manager as she was speaking, such as when she said, “I can’t talk. Do you want me to --” and Reid interrupted her to say, “Okay. You can talk when I’m done. That’s how conversations work. I make my statements and then you respond to my statements. You don’t tell me in the middle of my statements that you don’t appreciate half of the statement that I’ve said.” Id. at 58-59.

At one point, the property manager revealed that the reason she had not been in the office for the past week was because she had had a miscarriage. Reid first responded, “I’m sorry to hear that,” and then added “[y]eah, that’s just a platitude” and “[y]ou shouldn’t bring up your abortion or whatever, your miscarriage.” Id. at 62. Reid added, “You don’t say you want to keep it neutral and professional and then start bringing up your personal very, very sensitive issues.” Id. Reid described the property manager and assistant property manager as “classic like woke inefficient bad performance.” Id. at 73. At one point, the property manager said, “[Y]ou’re yelling at me,” and Reid responded, “Now I’m raising my voice.” Id. at 74. Before ending the recording, Reid asked: “You got anything else to say that’s actually like valid and pertinent? Anything?” Id. at 79. The conversation was longer than thirty minutes.

On February 7, 2024, Reid met with the property manager and assistant property manager about a dryer in the laundry room that was not working. Two maintenance workers were also present because the female property manager and assistant property manager did not feel safe speaking with Reid. During the conversation, Reid referred to the maintenance workers by the

incorrect names in what the trial court later described as a “flippant, disrespectful way.” VRP at 11.

When one of the maintenance workers tried to explain why they could not fix the broken dryer, Reid cut him off, stating, “This is not a discussion for you.” CP at 109. The assistant property manager responded, “Paul, Paul, that’s being a little aggressive. Let’s just calm down.” Reid replied, “I’m way aggressive. . . I already said that this is a conversation for myself and the property managers.” Id. at 110. The maintenance worker replied, “Okay, but you’re being aggressive here.” Id.

While inviting Reid to meet with the dryer’s repairperson, the property manager said, “I want you to be there so that you stop yelling at us” and Reid replied, “And this is being recorded. I’m being aggressive.” Id. at 114. At one point, Reid asked the property manager, “Are you like f***ing retarded” and then said, “You guys all want to get physical here? You guys are all going to throw me out? . . . I’m not leaving.” Id. at 120. The maintenance worker replied, “You’re coming down here disrespecting everybody literally.” Id. It is not clear whether Reid was challenging the maintenance employees to a fight.

After Reid asked to call the building owner, one of the maintenance workers said, “All right. Step outside.” Id. at 121. Reid responded, “No, I’m not going to. You can step outside, if you don’t like it.” Id. The maintenance worker replied, “For your safety and our safety, we’d like you to step outside.” Id. The trial court found that while Reid was asking to speak with the owner, he used a demanding tone that was intended to be intimidating to the property manager and the assistant property manager. Eventually, one of Legacy’s employees called the building owner. On

the phone, the building owner said, “I think if you’re making the staff feel uncomfortable . . . and unsafe, that -- that something has -- something has gone awry.” Id. at 125. B. Unlawful Detainer Proceedings Legacy initiated eviction proceedings against Reid on February 20, 2024, by mailing, posting, and hand-delivering the “3-Day Notice to Quit for Waste, Nuisance, or Unlawful Use of Premises” (notice). Id. at 17-18. The notice stated that it is issued “[p]ursuant to [RCW] 59.12.030(5) and/or 59.18.650(2)(c).” Id. at 17. The notice also summarized the incidents in June 2023 and on February 7, 2024, and stated, “You were asked to leave, but you refused” and you “attempted to instigate a physical confrontation despite being asked to leave.” Id.

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